285 So.3d 31
La. Ct. App.2019Background
- Evelyn Clayton (a/k/a Evelyn Clanton) was charged with two counts of aggravated second-degree battery for striking Tyrone and Delanda Garner with a pipe during a Mardi Gras altercation, causing serious injuries.
- Defendant pleaded not guilty; pretrial suppression was denied and the court admitted evidence of three prior convictions (domestic abuse battery; two aggravated batteries) under State v. Prieur.
- Defendant moved for a twelve-person jury (denied) and requested special jury instructions including one allocating the burden on a justification (defense of others) claim; the court granted modified self-defense instructions but declined to include a burden-of-proof instruction.
- Trial by six-person jury resulted in convictions on responsive verdicts of aggravated battery (two counts); post-trial motions were denied and Defendant received concurrent six-year hard-labor sentences.
- On appeal Defendant challenged (1) admission/presentation of Prieur evidence, (2) the jury instructions concerning burden on justification, and (3) denial of her motion for a twelve-person jury.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of Prieur evidence | Prior similar convictions are admissible to rebut self-defense and to prove intent | Prior acts too prejudicial / not sufficiently probative | Admitted: trial court did not abuse discretion; evidence probative to rebut self-defense and show specific intent |
| Presentation of Prieur evidence / hearsay through police testimony | Officers may relaying investigative information to explain their investigation (non-hearsay); certified conviction packets corroborate | Officers relied on inadmissible hearsay from prior victims | Admitted as explanation of investigation; any hearsay error harmless or cumulative given other evidence (conviction packets, other officer testimony) |
| Jury instruction re: burden when justification asserted | (State) argued jury should be told Defendant bears burden | (Defendant) requested instruction that State must prove offense was not in defense of others | Trial court declined to give a burden-of-proof charge; no objection preserved; instructions were fundamentally fair; issue not reviewable on appeal |
| Denial of motion for 12-person jury | Six-person jury is proper for offenses punishable by >6 months; potential habitual-offender enhancement does not change jury size | Potential life sentence as habitual offender requires 12 jurors; convictions by <12 jurors unconstitutional | Motion denied: Louisiana law and Williams v. Florida permit six-person jury; multiple-offender potential does not mandate 12 jurors |
Key Cases Cited
- State v. Prieur, 277 So.2d 126 (La. 1973) (establishes when evidence of other crimes is admissible and limits on its use)
- State v. Taylor, 217 So.3d 283 (La. 2016) (requires other-crimes evidence to have substantial relevance beyond criminal propensity)
- State v. Murray, 827 So.2d 488 (La. App. 2 Cir. 2002) (upheld admission of prior violent act to rebut self-defense and show intent)
- State v. Blank, 955 So.2d 90 (La. 2007) (admitted numerous similar violent convictions where defendant raised self-defense; probative on intent)
- State v. McDermitt, 406 So.2d 195 (La. 1981) (summarizes prejudice concerns for other-crimes evidence)
- Williams v. Florida, 399 U.S. 78 (1970) (Sixth Amendment does not require 12-person jury; supports constitutionality of six-person juries)